BILL NUMBER: AB 2630	CHAPTERED  09/12/00

	CHAPTER   412
	FILED WITH SECRETARY OF STATE   SEPTEMBER 12, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 11, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   MAY 8, 2000

INTRODUCED BY   Assembly Member Ashburn

                        FEBRUARY 25, 2000

   An act to amend Sections 55901, 55922, 56631, and 56652 of the
Food and Agricultural Code, relating to farm products.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2630, Ashburn.  Farm products:  processors and produce dealers.

   Existing law regulates the licensing of processors of farm
products and produce dealers as well as certain commercial
transactions and other related activity engaged in by processors and
dealers.  Except as specified, any misdemeanor prescribed for a
violation of the provisions governing both processors and dealers is
punishable by a fine of not less than $500 or more than $2,000, or by
imprisonment in a county jail for not more than one year, or by both
the fine and imprisonment. Additionally, any person that violates
those provisions is liable civilly in the sum of $500 for each and
every violation.
   This bill would increase the maximum fine for a misdemeanor
violation to $5,000 and revise the civil penalty to provide for a sum
of not less than $500 or more than $1,000.
   This bill would also incorporate additional amendments to Sections
55901, 55922, 56631, and 56652 of the Food and Agricultural Code
proposed by SB 1535.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 55901 of the Food and Agricultural Code is
amended to read:
   55901.  Except as specified in Section 55902, any misdemeanor
which is prescribed by this article is punishable by a fine of not
less than five hundred dollars ($500) or more than five thousand
dollars ($5,000), by imprisonment in the county jail for not more
than one year, or by both the fine and imprisonment.
  SEC. 1.5.  Section 55901 of the Food and Agricultural Code is
amended to read:
   55901.  (a) Except as specified in Section 55902, any misdemeanor
which is prescribed by this article is punishable by a fine of not
less than five hundred dollars ($500) or more than five thousand
dollars ($5,000), by imprisonment in the county jail for not more
than one year, or by both the fine and imprisonment.
   (b) For a violation of the offense described in subdivision (a),
the department may recover investigative costs, excluding attorneys'
fees and administrative overhead, for those charges where there has
been a conviction in a court of law, or a settlement of a stipulated
agreement has been reached in lieu of a court action.  Nothing in
this section allows the department to recover investigative costs for
an administrative licensing action or any action that has not been
filed in a court of law.
   (c) Any person or entity responsible for investigative costs under
this section shall be allowed to audit the department's
investigative costs.  The audit must be performed by a third-party
Certified Public Accountant and paid for by the person or entity
requesting the audit.  The department shall adopt regulations to
implement this subdivision by June 1, 2002.
  SEC. 2.  Section 55922 of the Food and Agricultural Code is amended
to read:
   55922.  Any person that violates any provision of this chapter is
liable civilly in the sum of not less than five hundred dollars
($500) or more than one thousand dollars ($1,000) for each and every
violation, this sum to be recovered in an action by the secretary in
any court of competent jurisdiction.  All sums which are recovered
under this section shall be deposited in the State Treasury to the
credit of the Department of Food and Agriculture Fund.
  SEC. 2.5.  Section 55922 of the Food and Agricultural Code is
amended to read:
   55922.  (a) Any person that violates any provision of this chapter
is liable civilly in the sum of five hundred dollars ($500) or more
than one thousand dollars ($1,000) for each and every violation, this
sum to be recovered in an action by the secretary in any court of
competent jurisdiction.  All sums which are recovered under this
section shall be deposited in the State Treasury to the credit of the
Department of Food and Agriculture Fund.
   (b) For a violation of the offense described in subdivision (a),
the department may recover investigative costs, excluding attorneys'
fees and administrative overhead, for those charges where there has
been a conviction in a court of law, or a settlement of a stipulated
agreement has been reached in lieu of a court action.  Nothing in
this section allows the department to recover investigative costs for
an administrative licensing action or any action that has not been
filed in a court of law.
   (c) Any person or entity responsible for investigative costs under
this section shall be allowed to audit the department's
investigative costs.  The audit must be performed by a third-party
Certified Public Accountant and paid for by the person or entity
requesting the audit.  The department shall promulgate regulations to
implement this subdivision by June 1, 2002.
  SEC. 3.  Section 56631 of the Food and Agricultural Code is amended
to read:
   56631.  Except as specified in Section 56632, any misdemeanor
which is prescribed in this article is punishable by a fine of not
less than five hundred dollars ($500) or more than five thousand
dollars ($5,000), by imprisonment in the county jail for not more
than one year, or by both the fine and imprisonment.
  SEC. 3.5.  Section 56631 of the Food and Agricultural Code is
amended to read:
   56631.  (a) Except as specified in Section 56632, any misdemeanor
which is prescribed in this article is punishable by a fine of not
less than five hundred dollars ($500) or more than five thousand
dollars ($5,000), by imprisonment in the county jail for not more
than one year, or by both the fine and imprisonment.
   (b) For a violation of the offense described in subdivision (a),
the department may recover investigative costs, excluding attorneys'
fees and administrative overhead, for those charges where there has
been a conviction in a court of law, or a settlement of a stipulated
agreement has been reached in lieu of a court action.  Nothing in
this section allows the department to recover investigative costs for
an administrative licensing action or any action that has not been
filed in a court of law.
   (c) Any person or entity responsible for investigative costs under
this section shall be allowed to audit the department's
investigative costs.  The audit must be performed by a third-party
Certified Public Accountant and paid for by the person or entity
requesting the audit.  The department shall promulgate regulations to
implement this subdivision by June 1, 2002.
  SEC. 4.  Section 56652 of the Food and Agricultural Code is amended
to read:
   56652.  Any person that violates any provision of this chapter is
liable civilly in the sum of not less than five hundred dollars
($500) or more than one thousand dollars ($1,000) for each and every
violation.  This sum shall be recovered in an action by the secretary
in any court of competent jurisdiction.  All sums which are
recovered pursuant to this section shall be deposited in the State
Treasury to the credit of the Department of Food and Agriculture
Fund.
  SEC. 4.5.  Section 56652 of the Food and Agricultural Code is
amended to read:
   56652.  (a) Any person that violates any provision of this chapter
is liable civilly in the sum of five hundred dollars ($500) or more
than one thousand dollars ($1,000) for each and every violation.
This sum shall be recovered in an action by the secretary in any
court of competent jurisdiction.  All sums which are recovered
pursuant to this section shall be deposited in the State Treasury to
the credit of the Department of Food and Agriculture Fund.
   (b) For a violation of the offense described in subdivision (a),
the department may recover investigative costs, excluding attorneys'
fees and administrative overhead, for those charges where there has
been a conviction in a court of law, or a settlement of a stipulated
agreement has been reached in lieu of a court action.  Nothing in
this section allows the department to recover investigative costs for
an administrative licensing action or any action that has not been
filed in a court of law.
   (c) Any person or entity responsible for investigative costs under
this section shall be allowed to audit the department's
investigative costs.  The audit must be performed by a third-party
Certified Public Accountant and paid for by the person or entity
requesting the audit.  The department shall promulgate regulations to
implement this subdivision by June 1, 2002.
  SEC. 5.  Section 1.5 of this bill incorporates amendments to
Section 55901 of the Food and Agricultural Code proposed by both this
bill and SB 1535.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill amends Section 55901 of the Food and Agricultural Code, and
(3) this bill is enacted after SB 1535, in which case Section 1 of
this bill shall not become operative.
  SEC. 6.  Section 2.5 of this bill incorporates amendments to
Section 55922 of the Food and Agricultural Code proposed by both this
bill and SB 1535.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill amends Section 55922 of the Food and Agricultural Code, and
(3) this bill is enacted after SB 1535, in which case Section 2 of
this bill shall not become operative.
  SEC. 7.  Section 3.5 of this bill incorporates amendments to
Section 56631 of the Food and Agricultural Code proposed by both this
bill and SB 1535.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill amends Section 56631 of the Food and Agricultural Code, and
(3) this bill is enacted after SB 1535, in which case Section 3 of
this bill shall not become operative.
  SEC. 8.  Section 4.5 of this bill incorporates amendments to
Section 56652 of the Food and Agricultural Code proposed by both this
bill and SB 1535.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill amends Section 56652 of the Food and Agricultural Code, and
(3) this bill is enacted after SB 1535, in which case Section 4 of
this bill shall not become operative.
